Impact of artificial intelligence on effective judicial protection
Posted: 26 June, 2023 Filed under: Jackeline Maribel Payé Salazar | Tags: access to justice, AI technology, AI-based programmes, algorithms, Artificial intelligence, automated court decisions, challenges, civil jurisdiction, COMPAS software, human rights, judge-robot systems, judicial protection, justice administration systems, predictable justice, regulatory frameworks Leave a comment
Author: Jackeline Maribel Payé Salazar
Lawyer
Introduction
Artificial intelligence (AI) makes a significant contribution to achieving timely and predictable justice. However, it is necessary to analyze the challenges that its use represents for the right to effective judicial protection. This right includes not only the right of people to access the courts of justice and to obtain a judicial decision in a reasonable period of time but also the right to obtain a decision duly motivated. This supposes that judicial decisions have to express the reasons on which they are based. In this sense, the author asks: is it possible to sufficiently guarantee the right to effective judicial protection if we use expert systems based on AI? What are the benefits of AI in the justice administration system? What is the “dark side” of AI? What are its limits, from the perspective of the right to effective judicial protection?
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